Archive for May, 2016

Although some states recognize parental alienation as a separate cause of action without the need for showing direct contempt of a court order, Mississippi Law has yet to directly correlate parental alienation with the laws that require compliance to the strict terms of the judgment of the court. It is well accepted that contempt of a Mississippi court order regarding visitation, custody, or support is based upon a standard that has been clear precedent for decades. In general, contempt of a court order can be shown by demonstrating; 1. The presence of a lawful valid court order, 2. A violation of that court order, 3. That the violation was willful or “contumacious”. Violations of court orders are common place throughout every jurisdiction, however, without a showing of contumacy there can be no holding by any Mississippi Chancery jurisdiction that contempt is present. Contempt has traditionally been held as a disregard of or disobedience to the rules or orders of a judicial body by disorderly behavior so as to disturb the proceedings or impair the respect to that judicial body. The normal sanction for contempt is either monetary sanction or incarceration until the contemnor has complied with the court order and thus purged themselves of contempt.

It is common that court orders regarding child custody, whether by agreement or after a trial, include language that prohibits disparagement to the children of either parent. It is also well held law that modification of custody may be based upon substantial interference with visitation or extreme interference with either party’s parental relationships with their children. Interestingly, a violation of a non-disparagement clause in a court order has also been held also to warrant modification of custody, visitation, or any of the terms of visitation. In order to obtain a modification of physical custody, there must be a showing that the disparagement of one parent to the child has an adverse impact on the child. There have been several cases in MS where children have exhibited of high levels of anxiety and depression that has been linked to the disparagement and conflict between the parents.

It is highly recommended that in any divorce or child custody proceeding that a non-disparagement clause be explicit since there is no direct recognition of alienation syndrome in MS. Without specific language in the court order prohibiting such conduct it is likely that disparagement will not be held to be contumacious and will solely be potential ground for modification of custody or visitation. Keep in mind that a showing of contempt requires far less proof than seeking modification of any prior court order.

If you would like to schedule a consultation with a MS family law attorney with extensive experience in these matters, call Matthew Poole at 601.573.7429. We practice primarily in Hinds, Rankin, and Madison County, Mississippi but also cover any county in Mississippi.

Although some states recognize parental alienation as a separate cause of action without the need for showing direct contempt of a court order, Mississippi Law has yet to directly correlate parental alienation with the laws that require compliance to the strict terms of the judgment of the court. It is well accepted that contempt of a Mississippi court order regarding visitation, custody, or support is based upon a standard that has been clear precedent for decades. In general, contempt of a court order can be shown by demonstrating; 1. The presence of a lawful valid court order, 2. A violation of that court order, 3. That the violation was willful or “contumacious”. Violations of court orders are common place throughout every jurisdiction, however, without a showing of contumacy there can be no holding by any Mississippi Chancery jurisdiction that contempt is present. Contempt has traditionally been held as a disregard of or disobedience to the rules or orders of a judicial body by disorderly behavior so as to disturb the proceedings or impair the respect to that judicial body. The normal sanction for contempt is either monetary sanction or incarceration until the contemnor has complied with the court order and thus purged themselves of contempt.

It is common that court orders regarding child custody, whether by agreement or after a trial, include language that prohibits disparagement to the children of either parent. It is also well held law that modification of custody may be based upon substantial interference with visitation or extreme interference with either party’s parental relationships with their children. Interestingly, a violation of a non-disparagement clause in a court order has also been held also to warrant modification of custody, visitation, or any of the terms of visitation. In order to obtain a modification of physical custody, there must be a showing that the disparagement of one parent to the child has an adverse impact on the child. There have been several cases in MS where children have exhibited of high levels of anxiety and depression that has been linked to the disparagement and conflict between the parents.

It is highly recommended that in any divorce or child custody proceeding that a non-disparagement clause be explicit since there is no direct recognition of alienation syndrome in MS. Without specific language in the court order prohibiting such conduct it is likely that disparagement will not be held to be contumacious and will solely be potential ground for modification of custody or visitation. Keep in mind that a showing of contempt requires far less proof than seeking modification of any prior court order.

If you would like to schedule a consultation with a MS family law attorney with extensive experience in these matters, call Matthew Poole at 601.573.7429. We practice primarily in Hinds, Rankin, and Madison County, Mississippi but also cover any county in Mississippi.